Toby K. Henderson

Toby K. Henderson

Shareholder since January 1, 2006
Location:
Dayton, Ohio
Phone:
937-222-2508
Email:

Toby became an SS+D shareholder on January 1, 2006. He joined the firm’s Litigation Department in May 2000 and concentrates his practice in Business and Commercial Litigation, Trade Secret Claims, Antitrust, Health Care Law, Construction Law, Labor and Employment Law, and Insurance Policy Holder Rights.  Prior to joining SS+D, he served a term as a Law Clerk for the Honorable Thomas Bryant, Presiding Judge of the Third Appellate District of the Court of Appeals of Ohio.  He is admitted to the Ohio bar, the U.S. District Court for the Southern District of Ohio, the U.S. Court of Appeals for the Sixth Circuit, and the United States Supreme Court. 

Toby handles cases for a wide range of clients, including individuals, sole proprietors, small businesses, and large companies all in various industries, including manufacturing, tool and die, construction, plumbing and HVAC supply wholesale, intellectual property, automobile sales, performance improvement, and government defense contracting.  In addition to jury trials, he has successfully appeared at bench trials, alternative dispute resolution processes, and administrative hearings before state agencies.

His recent cases have included issues related to fraud, trademark infringement, directors' and officers' liability, voting rights, employment discrimination, race discrimination, sureties, construction defects and disputes, environmental liability, corporate governance, non-compete agreements, wrongful death, civil rights claims, consumer protection, breaches of commercial contracts, bankruptcy preferences, and violations of FDA regulations. 

Recently, following a four-week trial in Federal Court, Toby and one of his partners, Dianne Marx, obtained a jury verdict in excess of $6.9 million in favor of an Ohio-based diamond dealer and against an international, New York-based diamond manufacturer and distributor and one of the largest De Beers sightholders in the country.

In another recent victory, following a six-week trial in Federal Court, Toby and another of his partners, Jim Dyer, obtained a defense verdict in favor of a family of shareholders in a suit brought by a Fortune 200 company claiming over $50 million in damages for alleged fraudulent asset transfers.

Toby received his B.S., magna cum laude, from Ball State University in 1996 and his J.D. from the University of Dayton in 1999.  He is a member of the Dayton, Ohio State, American, and Federal Bar Associations. He is also a member of the American Association for Justice (formerly Association of Trial Lawyers of America) and the Ohio Academy of Trial Lawyers and he serves on the Civil Trial Practice Committee of the Dayton Bar Association.  He serves on the Dayton Art Institute Associate Board and is a member of the Dayton Tool and Manufacturing Association.  

When not in the office, Toby enjoys spending time with his wife and two daughters.  He is an avid golfer, enjoys traveling with his family, and is interested in the arts.

Areas of Practice

  • Litigation
  • Labor + Employment Law
  • Real Estate Law

Litigation Percentage

  • 75% of Practice Devoted to Litigation

Bar Admissions

  • Ohio, 1999
  • U.S. District Court Southern District of Ohio, 2000
  • U.S. Court of Appeals 6th Circuit
  • U.S. Supreme Court
  • U.S. District Court Northern District of Ohio

Education

  • University of Dayton School of Law, Dayton, Ohio
    • J.D. - 1999
  • Ball State University, Muncie, Indiana
    • B.S. magna cum laude - 1996

Honors and Awards

  • Martindale-Hubbell AV Preeminent Peer Review rating
  • The Best Lawyers in America, 19th edition , 2013 - 2014
  • Super Lawyer in Business and Commercial Litigation, 2011 - 2013
  • Ohio Super Lawyers – Rising Stars Edition, 2006 - 2010
  • "Superachiever Under 40", Dayton Business Journal

Professional Associations and Memberships

  • Dayton Bar Association
  • Ohio State Bar Association
  • American Bar Association
  • Association of Trial Lawyer of America
  • Ohio Academy of Trial Lawyers
  • Butler County, Member
  • Federal Bar Associations, Member
  • American Association for Justice, Member
  • Ohio Academy of Trial Lawyers, Member
  • Dayton Art Institute Associate Board, Former Member
  • Boonshoft Museum Associate Board, Member
  • Dayton Region Manufacturers Association, Member

Past Employment Positions

  • Honorable Thomas Bryant, Presiding Judge of the Third Appellate District of the Court of Appeals of Ohio, Law Clerk